DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S$. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 2714-13
4 February 2014
From: Chairman, Board for Correction of Naval Records
TOE Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF 0
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary
{3} Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps, filed enclosure (1)
with this Board requesting that the other than honorable (OTH}
characterization of his discharge on 9 April 1954 be changed.
2. The Board, consisting of Mr. Hedrick, Mr. Marquez and Mr.
Zsalman, reviewed Petitioner's allegations of error and
injustice on 29 January 2014 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
Follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Although it appears that enclosure (1) was not filed ina
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.
c. Petitioner reenlisted in the Marine Corps on 7 November
1953 after more than three years of prior honorable service. On
27 January 1954, he was admitted to a civilian hospital in
Pennsylvania, due to an automobile accident. He stated in part,
that the automobile accident was intentional, he wanted to kill
himself and get away from the Marine Corps. On 3 February 1954,
Petitioner stated in part that lacerations on his wrist were
self-inflicted and that he was upset he did not kill himself in
the auto accident. On 15 February 1954, he again attempted
suicide by cutting his left arm with a knife while in the Marine
barracks. Petitioner was diagnosed with an Emotional
Instability Reaction, and was found to be unfit for service.
The Medical Board recommended separation with a type warranted
by service record. On 9 April 1954 he was issued an OTH
discharge by reason of unfitness. At the time of his discharge
his conduct average of 2.0 which was sufficiently high for a
general characterization of service.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. The Board's finding is based on his prior honorable
service and periodic conduct marks. The Board notes that his
conduct average of 2.0 was sufficiently high to warrant an under
honorable characterization of service. Based on the foregoing
the Board concludes that no useful purpose is served by
continuing to characterize his service as having been under OTH
conditions and recharacterization to a general discharge is
appropriate.
In view of the foregoing, the Board finds the existence of an
error and injustice warranting the following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record is corrected to show that
he was discharged with a general characterization on 9 April
1954 vice being issued an OTH on the same day.
b. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed, or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
c. That any material directed to be removed from
Petitioner's naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention ina
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record,
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) it is certified that a quorum was
presented at the Board’s review and deliberations, and that the
foregoing is a true and complete record of the Board’s
proceedings in the above entitled matter.
.
Aum
ROBERT D. ZSALMAN BRIAN J. GEORGE
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for correction of
Naval Records (32 Code of Federal Regulation, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
TR ed SS enn
ROBERT D.~2ZSALMAN
Acting Executive Director
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